Mou v. West Valley College et al

Filing 55

JOINT CASE MANAGEMENT STATEMENT filed by West Valley College. (Shupe, John) (Filed on 10/2/2009)

Mou v. West Valley College et al

Doc. 55

Case5:09-cv-01910-JF Document55

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Shupe and Finkelstein
177 Bovet Road, Suite 600 San Mateo, CA 94402 [phone]

John A. Shupe, Esq., SBN: 87716 Eric K. Shiu, Esq., SBN: 156167 SHUPE AND FINKELSTEIN 177 Bovet Road, Suite 600 San Mateo, CA 94402 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant West Valley Community College District (erroneously sued herein as West Valley College), John Hendrickson, Philip L. Hartley, Ernest Smith, Dave Fishbaugh, Laura Lorman, Cathy Aimonetti, Fred Prochaska, Chris Rolen & Marcus Lindberg Chin-Li Mou 4141 Boneso Circle San Jose, CA 95134 Telephone: [phone] Plaintiff, Pro Se UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA CHIN-LI MOU, Plaintiff, v. WEST VALLEY COLLEGE, an individual and a nonprofit educational corporation; JOHN HENDRICKSON, an individual; PHILIP L. HARTLEY, an individual; ERNEST SMITH, an individual; DAVE FISHBAUGH, an individual; LAURA LORMAN, an individual; CATHY AIMONETTI, an individual; FRED PROCHASKA, an individual; CHRIS ROLEN, an individual; LINBERO #107, an individual, Defendants. _________________________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No: C09 01910 JF JOINT CASE MANAGEMENT CONFERENCE STATEMENT Date: October 9, 2009 Time: 10:30 a.m. Dept: Courtroom 3, 5th Floor The Honorable Jeremy Fogel

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Defendants prepared this Joint Case Management Conference Statement with the expectation that plaintiff would review it and provide her input so that it could be timely filed as a joint statement. Plaintiff having failed to respond to defendants' request for input, defendants now files this Proposed Joint Statement without plaintiff's concurrence. // //
Joint CMC Statement Case No: C09 01910 JF

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Shupe and Finkelstein
177 Bovet Road, Suite 600 San Mateo, CA 94402 [phone]

1.

JURISDICTION AND SERVICE Plaintiff's Statement: Jurisdiction of this court is invoked pursuant to the provisions of 28

U.S.C. section 1343(3), (4), 42 U.S.C. section 1983 (28 U.S.C.A. §§1343(a)(3), 1343(a)(4), 42 U.S.C. §1983, 1985, the First, Eighth, Ninth Amendments to the United States Constitution (Art. I, U.S. Constitution, Art. IX, U.S. Constitution, Art. XIV, U.S. Constitution). Defendants' Statement: Plaintiff apparently invokes federal question jurisdiction under 28 U.S.C. section 1343(a), to enforce her Constitutional rights under 42 U..S.C. sections 1983 and 1985. Venue is proper in the Northern District of California. 2. FACTUAL ISSUES: The following are the primary factual issues in dispute: a. b. Plaintiff's Position: Defendants' Position: (i) Whether plaintiff was asked to leave the restroom so it would be cleaned, and

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offered the use of an alternative restroom during that interval; (ii) Whether plaintiff assaulted/battered a campus police officer, and whether she

disobeyed the lawful order to leave the restroom; (iii) Whether defendants had just cause to impose discipline (suspension) upon

plaintiff, and whether plaintiff was offered an administrative hearing in connection with student discipline; (iv) Other factual issues, the contours of which are not yet known.

LEGAL ISSUES: The following are the primary legal issues in dispute: a. b. Plaintiff's Statement: Defendants' Statement: (i) Whether plaintiff's claims under 42 U.S.C. sections 1983 and 1985 are barred

by the Eleventh Amendment immunity, or by the fact that as State actors these defendants are not "person" within the meaning of the civil rights laws plaintiff
Joint CMC Statement Case No: C09 01910 JF

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Shupe and Finkelstein
177 Bovet Road, Suite 600 San Mateo, CA 94402 [phone]

invokes. (ii) To the extent plaintiff sues only for injunctive/declaratory relief, whether any

defendant violated a constitutional right of plaintiff, under the First, Fourth or Fourteenth Amendments. (iii) To the extent plaintiff sues individual defendants in their personal capacities,

whether the conduct of those defendants violated constitutional rights of plaintiff which were "clearly established" as to the date of alleged misconduct. (iv) Whether any speech plaintiff engaged in was protected speech, under the

factual circumstances involved. (v) Whether plaintiff waived her right to an administrative hearing in connection

with her student discipline. (vi) (vii) 4. MOTIONS: The parties anticipate that the following motions may be filed before trial: Plaintiff's Statement: Defendants' Statement: Motion for Summary Judgment. 5. AMENDMENT TO THE PLEADINGS: Plaintiff's Statement: Defendants' Statement: Defendants do not anticipate any further amendment to the pleadings. 6. EVIDENCE PRESERVATION: Plaintiff's Statement: Defendants' Statement: Defendants have agreed to make reasonable efforts to preserve evidence. 7. DISCLOSURES: The parties will provide Rule 26 initial disclosures by the required date. //
Joint CMC Statement Case No: C09 01910 JF

Whether adequate cause existed for the discipline imposed. Other legal issues, the contours of which are not presently known.

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Shupe and Finkelstein
177 Bovet Road, Suite 600 San Mateo, CA 94402 [phone]

8.

DISCOVERY, AND LIMITATIONS THEREON: No discovery has yet commenced. Plaintiff's Statement: Defendants' Statement: Defendants anticipate propounding interrogatories, requests for

production of documents and requests for admissions. Defendants also anticipate a reasonable number of depositions. CLASS ACTIONS: This is not a class action suit. 10. RELATED CASES: There are no related cases. 11. RELIEF: a. Plaintiff's Statement: (i) (ii) b. Declaratory relief; Injunctive relief, judgment and costs.

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Defendants' Statement: (i) Judgement for defendants and costs.

SETTLEMENT AND ADR: a. b. Plaintiff's Statement: Defendants' Statement: Defendants are amenable to Court ADR process.

CONSENT TO MAGISTRATE JUDGE FOR ALL PURPOSES: a. b. Plaintiff's Statement: Defendants' Statement: Defendants do not consent.

OTHER REFERENCES: No other reference would be appropriate in this case. NARROWING OF ISSUES: A narrowing of issues does seem appropriate. EXPEDITED SCHEDULE: Plaintiff's Statement:

Joint CMC Statement

Case No: C09 01910 JF

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Shupe and Finkelstein
177 Bovet Road, Suite 600 San Mateo, CA 94402 [phone]

Defendants' Statement: Defendants do not believe an expedited schedule is necessary in this case. 17. SCHEDULING: PROPOSED SCHEDULING: a. b. c. d. e. f. g. 18. Non-Expert Discovery Deadline: February 10, 2010 Expert Disclosures Deadline: March 5, 2010. Expert Discovery Cutoff: March 30, 2010 Dispositive Motion Filing Deadline: April 15, 2010 Joint Pretrial Statement: June 10, 2010 Pretrial Conference: July 5, 2010 Jury Trial: August 16, 2010

TRIAL: Plaintiff's Statement: Defendants' Statement: Defendants do not demand a jury trial unless there are damages

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claims, in which case they do demand a jury. 19. DISCLOSURE OF NON-PARTY INTERESTED ENTITIES OR PERSONS: Plaintiff's Statement: Defendants' Statement: None known of at this time. OTHER MATTERS: None known. Dated: October 2, 2009 SHUPE AND FINKELSTEIN

By_________/s/________________________ John A. Shupe, Attorneys for Defendant Dated: ________________ ______________________________________ Chin Li Mou, Pro Se

Joint CMC Statement

Case No: C09 01910 JF

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Shupe and Finkelstein
177 Bovet Road, Suite 600 San Mateo, CA 94402 [phone]

Mou v. West Valley - Case No: C09-01910 JF PROOF OF SERVICE 1. I am over the age of 18 and not a party to this cause. I am a resident of or employed in the county where the mailing took place and my residence or business address is: 177 Bovet Road, Suite 600, San Mateo, California 94402-3191 2. I served a copy of the following document(s): Joint Case Management Statement 3. I served a copy of the foregoing documents by mailing them in a sealed envelope with first class postage fully prepaid, to the address stated below, as follows: a. [ X ] I placed the envelope for collection and processing for mailing following this business's ordinary practice with which I am readily familiar. On the same day correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service. b. [ c. [ d. [ 4. 5. 6. ] I faxed a copy of the above described document to the following fax number: ] I had hand-delivered such sealed envelope to the address noted below or left with the receptionist or the person having charge of the attorney's office. ] I served a copy of the foregoing documents by placing them in a sealed envelope via ON TRAC service, to the address stated below, as follows:

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Date of Service: October 2, 2009 Place mailed from: 177 Bovet Road, Suite 600, San Mateo, CA 94402 Addressed as follows:

Chin-Li Mou 4141 Boneso Circle San Jose, CA 95134 I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on the above date at San Mateo, California.

Marcia Scatena

Joint CMC Statement

Case No: C09 01910 JF

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